One reader asked, “After providing an Affidavit of Support for my parents to immigrate to the U.S., they’ve caused numerous troubles for me. Is it possible to revoke my sponsorship?”
Another reader from Georgia expressed concern: “Eight years ago, I sponsored a family member’s immigration with an Affidavit of Support. She settled in New York and began secretly applying for government benefits and Medicaid after her second year. I’ve warned her not to do that, but she hasn’t stopped.”
The distressed sponsor further questioned: “Is there no way to relinquish this obligation? Can I take legal action against her? Are there laws protecting sponsors from exploitation by their beneficiaries? Is it right for our hard-earned money to repay the government for her unauthorized claims? How can sponsors like me handle such situations? This feels so unfair.”
The Affidavit of Support (Form I-864) is a contract where you pledge to the U.S. government that the immigrant you’re sponsoring won’t rely on public assistance. If they do access government benefits, you will be responsible for reimbursing the costs. This obligation continues until the immigrant:
- Becomes a U.S. citizen,
- Accumulates 40 quarters of work, roughly 10 years,
- Dies, or
- Relinquishes their green card and departs the U.S.
It’s important to note that divorce does not terminate the sponsorship commitment. If you sponsored a spouse and later divorce, you remain accountable for any benefits they utilize, unless one of the four circumstances listed above occurs.
As the Affidavit of Support is legally binding, it can’t be unilaterally altered once in effect. However, if the immigrant’s application is still pending approval, the commitment isn’t yet in place. In such cases, you should promptly contact the U.S. government agency handling the case—USCIS for adjustment of status within the U.S. or the National Visa Center and/or Consulate for applications from abroad—to withdraw your support.
If the immigrant visa or green card has already been approved, withdrawing support becomes challenging, generally considered irreversible. However, there’s a slim chance for visa revocation for overseas applications. If faced with this predicament, seeking advice from an immigration attorney is advised.
8 C.F.R. § 213a.2(f) provides a clear explanation on this matter:
(f) Withdrawal of affidavit of support and any required attachments.
(1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.
(2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.
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